Barker v. City of New York

The opinion of the court was delivered by: VIKTOR V. Pohorelsky United States Magistrate Judge

MEMORANDUM AND ORDER

The parties have submitted a Stipulation and Protective Order for execution by the court. A portion of the order is problematic. Although the purpose of the order, as set forth in the first recital clause, is to enable the defendants to "provide information and disclose documents pertaining to CCRB civilian complaints and IAB complaints," -- an adequate basis for the entry of such an order -- the definition of "Confidential Materials" in the first numbered paragraph provides for protection of a considerably broader range of documents. Specifically, that definition permits the defendants to designate as confidential any other documents they wish except for documents obtained from other sources or which are otherwise publicly available. This would give virtually unfettered discretion to the defendants to designate broad categories of documents and other information to be subject to the order without making the required showing of good cause under Rule 26(c) of the Federal Rules of Civil Procedure. Accordingly, the court has stricken from the first numbered paragraph of the Stipulation and Protective Order all language that follows the name "Fadi Mansour." With that modification, the Order will be entered.

This ruling does not prevent the defendants from seeking to make additional documents subject to the order upon an appropriate application to the court supported by good cause.

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.